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Fitchburg officials mulling ordinances on abandoned properties

By Elizabeth Dobbins, edobbins@sentinelandenterprise.com

Updated:
06/22/2017 09:53:02 AM EDT

Owner Michael O'Rourke stands in front of his properties on 52-54 and 46 Myrtle Avenue while his employee cuts the grass. Both properties are considered abandoned. SENTINEL & ENTERPRISE/ ELIZABETH DOBBINS

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FITCHBURG -- City officials are considering a pair of ordinance revisions that would "streamline" the process to reinstate properties that have been abandoned or fallen out of use for two or more years.

"The end goal of this petition is to increase investment in the city by investors who are productive partners with the city," Assistant City Solicitor Christine Tree said during a City Council meeting Tuesday. "There are a number of existing multifamily properties that will never reach conformity."

City Solicitor Vincent Pusateri said the pair of ordinances were drafted in an effort to "start a conversation."

The city needs to balance efforts to remove properties that no longer fit the zoning requirements of an area, while also encouraging people to invest in usable structures by developing a more user-friendly permitting process, he said.

The first ordinance, under development by the Planning Board, would remove the requirement for a special permit to reinstate one-and-two family homes that have been abandoned or out of use for over two years, Pusateri said.

Investors or homeowners who need a special permit must go before the Zoning Board of Appeals, which has a backlog, he said.

He expects the proposal will come before City Council in July.

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The second ordinance -- proposed by Pusateri with input from the mayor and others in the city -- concerns residential structures with more than two units. The proposal, which is still being revised, will require a special permit for these abandoned structures only if the property does not conform to current zoning regulations.

Special permit cases that aren't "controversial" would go through a Zoning Administrator, a new position in City Hall, instead of the board. The proposal would include language to alleviate on-street parking and promote renovations that are fire safe, though the exact mechanics of enforcement are still being drafted, he said.

A draft of this ordinance came before city councilors, many who expressed skepticism, and developers, who expressed support, at the City Council meeting Tuesday.

Councilor At-Large E. Thomas Donnelly said, due to the many vacant properties in Fitchburg, the city has an opportunity to address structures that are not in compliance with current codes, particularly parking.

"It's something we have an opportunity to address and if we pass it in its present form I don't think it's in the best interest of the neighborhood, the neighbors and the City of Fitchburg," he said.

Ward 1 Councilor Amy Green said the special permit requirements were created to ensure residents' safety.

"It has made sense to us in the past to place special permits for some special conditions of these properties that need full updates that have been unsafe," she said. "We have to keep our residents safe."

Harold Mateo, an investor who owns homes in the city through Clearwater Real Estate Investment Group, said the current process creates costly delays. Not only does he lose money waiting for a hearing in front of the Zoning Board of Appeals, but other investors and potential homeowners choose to buy property elsewhere.

"It's making people want to go next door and invest their property in Leominster or somewhere else," he said.

He described the current special permit process as "brutal."

Pusateri said the Zoning board of Appeals meeting, which was scheduled to start at 6 p.m., ended after midnight Tuesday.

Michael O'Rourke owns several properties in the city, including 52-54 Myrtle Avenue. By the time he bought the property, the waterline had been turned off for over two years, meaning he needs a special permit to reinstate the property, he said.

What would be a three week process in Worcester, where his investment company is based, is a several month process in Fitchburg.

He added that he tries to work with the city and, while permitting is slow, other issues, like drug use near the property, also make renovating and selling properties in the city difficult.

Ward 2 Paul Beauchemin said he has also seen homeowners struggle to move forward with their property due to the permitting process, but not all investors truly improve the property before selling.

At-Large Councilor Marcus DiNatale said fears about loosening special permit requirements appear to be unfounded.

"I don't believe there is bedlam in the real estate market in (the) areas," that don't have the same special permit regulations, he said.

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